Karen Fields

Following the release of its reasons for judgment, the Court of Appeal received submissions from the parties regarding the costs of the application.

The court awarded costs of the application below to the appellant, fixed at $17,000 inclusive of disbursements and HST.

The appellant, a technical sales representative, was terminated after 17 years of employment.

He sought a declaration that a restrictive covenant in his employment contract, which prohibited him from competing with the respondent for one year by dealing with any of its customers, was unenforceable.

The application judge dismissed the application, finding the covenant reasonable.

On appeal, the Court of Appeal found the covenant overly broad and unworkable in practice, as the appellant had no way of knowing all of the respondent's customers over the past 17 years.

The appeal was allowed and the restrictive covenant was declared unenforceable.

Following a decision ordering the appellant Ministry of Labour to pay the respondent's reasonable legal costs of the appeal, the Court of Appeal reviewed the parties' submissions.

The Court fixed the quantum of the costs award at $10,000 all inclusive.

The appellant Ministry appealed an acquittal of a load broker charged with failing to establish a joint health and safety committee under the Occupational Health and Safety Act.

The lower courts held that independent truck drivers were not 'regularly employed' by the broker and thus did not count towards the 20-worker threshold.

The Court of Appeal allowed the appeal, holding that the definitions of 'worker' and 'employer' in the Act include independent contractors.

Applying a generous interpretation consistent with the Act's remedial purpose, the Court concluded that independent contractors must be counted towards the threshold for mandatory health and safety committees.

A stay of proceedings was ordered instead of a new trial.